Barnhart et al v. Wells Fargo Bank, N.A., No. 2:2011cv00534 - Document 23 (M.D. Fla. 2012)
Court Description: OPINION AND ORDER adopting and incorporating 22 Report and Recommendations; dismissing case without prejudice. The Clerk shall enter judgment accordingly, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 10/30/2012. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BRIAN BARNHART, BARNHART, HOLLY STUART Plaintiffs, vs. Case No. 2:11-cv-534-FtM-29DNF WELLS FARGO BANK NA, as trustee, for option one mortgage loan trust 2007CP1 asset-backed certificates, series 2007-CP1, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #22), filed October 9, 2012, recommending that the case be dismissed for failure to prosecute. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge s report and recommendation. 636(b)(1); 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1)(C). 28 U.S.C. § The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff d, 28 F.3d 116 (11th Cir. 1994) (Table). On July 9, 2012, the Court issued an Opinion and Order (Doc. #18) granting a partial motion to dismiss without prejudice and directing counsel for plaintiffs to seek withdrawal or file an amended complaint. Counsel sought to withdraw, which request was granted, and plaintiffs address was added to the docket. (See Doc. #20.) After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #22) is hereby adopted and the findings incorporated herein. 2. The case is dismissed without prejudice. 3. The Clerk shall enter judgment dismissing the case without prejudice, terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this October, 2012. -2- 30th day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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